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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
health professionals data; repository;
appropriation
(NOW: health professionals data; repository)
Purpose
Creates the Health Care Professionals Workforce Data Repository (Repository) to collect information from health professionals and establishes an advisory committee as outlined. Directs the Department of Health Services (DHS) to adopt rules allowing a qualified person who is at least 18 years old to provide behavioral health services.
Background
The Ad Hoc Committee on Health Care Workforce (Committee) was created to research and make recommendations for the collection and publication of relevant data concerning health care professions and the workforce. The Committee met on October 2, 2017, and December 18, 2017, and made the following recommendations: 1) that the Legislature adopt legislation that directs, by January 1, 2020, designated licensing Boards to collect workforce data, as part of the licensing renewal process; and 2) that the stakeholders, licensing boards and interested parties, in conjunction with the Arizona Area Health Education Centers assist in the process of preparing for future legislation.
Laws 2018, Chapter 293 established the Health Professionals Workforce Database (Database). Starting January 2, 2020, each health professional regulatory board will collect information from individuals seeking initial or renewal licenses, certification or registration. Personally identifiable information is confidential and is not a public record (A.R.S. § 32-3249.01).
A board means a health professional regulatory board that provides licensure, certification or registration and regulation and includes the Arizona Medical Board, Board of Nursing, Board of Osteopathic Examiners in Medicine and Surgery, Board of Psychologist Examiners and the Board of Behavioral Health Examiners (A.R.S. § 32-3249).
The Health Insurance Portability and Accountability Act (HIPAA) established standards for privacy rules for de-identification of protected health information. Health information is not considered individually identifiable if it does not identify an individual and if the covered entity has no reasonable basis to believe the information can be used to identify an individual (U.S. Department of Health and Human Services).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Directs each board, beginning on January 2, 2021, rather than January 2, 2020, to request information for the Database from individuals seeking initial or renewal licenses, certification or registration.
2. Adds the Board of Physical Therapy to the boards that will be requesting and utilizing the Database information as outlined.
3. Specifies information can be requested on an annual basis from the applicants as outlined.
4. Specifies Database information can be distributed, redistributed or transferred by each Board and according to Repository guidelines.
5. Allows each board to maintain and use, but not distribute the data, with exceptions.
6. Allows a board to distribute Database information, including personally identifiable information, upon request from an Arizona public university.
7. Allows an Arizona public university to redistribute the Database information received from a board, under the following conditions:
a) the data is de-identified according to the published standards of the U.S. Department of Health and Human Services; and
b) the data is incorporated in research and analysis by the university that is generated using the data.
8. Directs each board to transfer the Database information annually to DHS.
9. Directs the DHS Director to adopt rules allowing a person to provide behavioral health or other related health care services if the person is:
a) at least 18 years old;
b) employed at a health care institution providing behavioral health services; and
c) not a licensed behavioral health professional.
Repository
10. Directs DHS to establish and maintain the Repository containing the data collected and transferred to DHS.
11. Allows DHS to assist the boards in complying with a standardized format and securely transferring the data.
12. Directs DHS to adopt rules which:
a) establish procedures to transfer data from the boards;
b) maintain data privacy and security;
c) specify conditions and agreements to release the data to maintain privacy and security; and
d) establish a fee to provide the data to persons requesting the information.
13. Stipulates the data is not a public record and DHS may release the data only:
a) subject to the conditions and agreements as required by rules;
b) without any personally identifiable information; and
c) for a fee that is not based on the intended use of the data.
Workforce Data Repository Fund (Fund)
14. Establishes the Fund consisting of legislative appropriations, collected fees and private gifts, grants, donations and contributions which are exempt from lapsing.
15. Directs DHS to administer the Fund which is continuously appropriated.
16. Allows the Director to accept and spend private gifts, grants, donations and contributions to administer the Repository and specifies monies do not revert to the state General Fund.
Health Care Professionals Workforce Data Repository Advisory Committee (Committee)
17. Establishes the Committee to advise the Director about rules and policies relating to the data repository.
18. Stipulates the Committee consists of between 14 to 15 members appointed by the Director and includes:
a) the Director or their designee, who serves as the chair;
b) one person representing each board that collects and transfers data to the repository;
c) at least two persons representing Arizona universities;
d) at least one person representing an Arizona community college;
e) at least one person representing a hospital in an Arizona county, with a population of at least 500,000 persons;
f) at least one person representing a hospital in an Arizona county, with a population less than 500,000 persons;
g) one person who is a behavioral health services provider;
h) one person who is an outpatient services provider; and
i) at least one person representing a nonprofit organization that conducts research and education related to health care.
19. Stipulates the Committee members serve three-year terms in a voluntary capacity but are eligible to receive reimbursement of expenses.
Miscellaneous
20. Terminates the Committee on July 1, 2027.
21. Makes technical and conforming changes.
22. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Appropriates $50,000 and 0.5 full-time equivalent (FTE) positions in FY 2020 to establish and maintain the Repository.
2. Adds at least one Committee member representing a nonprofit organization that conducts research and education related to health care.
Amendments Adopted by the House of Representatives
2. Specifies that the collected Database information can be distributed, redistributed or transferred as outlined.
3. Allows a board to distribute the collected database information upon request by an Arizona public university, including personally identifiable information.
4. Allows an Arizona public university to redistribute designated database information under certain conditions.
5. Directs the DHS Director to adopt rules allowing a qualified person who is at least 18 years old to provide behavioral health or other related health care services.
6. Removes the designated appropriation and FTE positions.
Senate Action House Action
HEWD 1/28/19 DPA 7-0-0 HHS 3/14/19 DPA 9-0-0-0
3rd Read 2/12/19 30-0-0 APPROP 3/20/19 DP 8-3-0-0
3rd Read 5/6/19 58-0-2
Prepared by Senate Research
May 6, 2019
JO/gs